Mergers, Acquisitions & Dissolutions
In recent years, mergers and acquisitions have become more commonplace in the nonprofit world, particularly as economic factors have increased the competition to obtain a steadily decreasing pool of public and private financial support.
While many nonprofit mergers and acquisitions are driven by sustainability challenges - such as a lack of available funding or a succession vacuum - an increasing number of philanthropic organizations have sought to merge or acquire other nonprofit entities for more strategic reasons, such as to:
- Increase the quality and efficiency of services provided
- Obtain new programs, expertise, and personnel
- Enhance fundraising capabilities
- Address succession issues
- Expand into new geographic and demographic issues
Perlman & Perlman advises clients that are seeking to acquire or merge with other organizations in order to better fulfill their missions, while still retaining their tax-exempt status. In addition, we assist nonprofit entities that are dissolving operations in conducting a timely and seamless transfer of programs to other organizations, helping to preserve the service to and support of their beneficiaries.
Our Mergers, Acquisitions & Dissolutions Services include:
- Conducting due diligence prior to a merger or acquisition
- Advising boards on their options in a pending insolvency
- Drafting and negotiating merger documents
- Filing merger plans with appropriate regulatory agencies
- Transferring programs of dissolving nonprofits to other organizations to ensure a smooth transition and preserve the status quo for beneficiaries
- Dissolving nonprofit organizations and advising on the final disbursement of assets
- Representing nonprofit organizations in court proceedings for involuntary dissolutions and bankruptcies
(i.e., dissolutions in which the nonprofit does not have enough resources to pay all of its creditors)
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